The “Do Nothing” Option

The “do nothing” option describes what happens when a person who receives a class action notice does not file a claim, request exclusion, object, or take another action listed in the notice. Its effect depends on the type of class action and the exact settlement terms.

In many class action settlements seeking money damages, a person who does nothing remains in the settlement class unless they submit a valid exclusion request by the deadline. If the court approves the settlement, that class member will generally be bound by the judgment and the release of claims described in the settlement documents. The release controls which claims the class member may no longer pursue separately.

Federal Rule of Civil Procedure 23 requires notice for a class certified under Rule 23(b)(3) to explain that the court will exclude a class member who requests exclusion, how and when to make that request, and the binding effect of a class judgment. An objection is different from an exclusion request. Objecting asks the court to consider a concern about the settlement, but the objector normally remains in the class.

Payment is a separate question. If the settlement requires a claim form, doing nothing usually means the person will not receive a claim-based payment even though they may still be bound by the release. Other settlements provide automatic payments, account credits, debt adjustments, or noncash relief without requiring a claim form. The notice should state whether any action is needed to receive a benefit.

The result is not identical in every case. Some class actions certified under other parts of Rule 23 may not provide an opt-out right, and settlement releases differ in scope. Anyone considering independent legal action should review the exclusion instructions and deadlines carefully and may wish to speak with a licensed attorney. The sections labeled “Your Legal Rights and Options” and “Release of Claims” are usually the best places to see what doing nothing means in that particular settlement.